Pope v. Farnsworth
Massachusetts Supreme Judicial Court
Contract, under the Pub. Sts. c. 136, § 19, against the surviving executor of the will of Paschal P. Pope, for a legacy of $20,000 given to the plaintiff by the will, which was dated May 1, 1866. Writ dated August 14, 1885. The defendant died on January 16, 1886, and Charles A. Prince, who was appointed administrator with the will annexed of the estate of said Pope, was admitted to defend the action.
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Contract, under the Pub. Sts. c. 136, § 19, against the surviving executor of the will of Paschal P. Pope, for a legacy of $20,000 given to the plaintiff by the will, which was dated May 1, 1866. Writ dated August 14, 1885. The defendant died on January 16, 1886, and Charles A. Prince, who was appointed administrator with the will annexed of the estate of said Pope, was admitted to defend the action. The case was submitted to this court on an agreed statement of facts, in substance as follows: The will contained the following provision: “ To Mr. Robert Pope, now of South Windsor, State of…
1Opinion of the CourtHolmes, J.
This is an action for a legacy of $20,000, brought under the Pub. Sts. c. 136, § 19. The main question is whether the plaintiff, Robert Pope the younger, has an absolute or defeasible interest under the will of Paschal P. Pope. The will provides, that, on the decease of both Robert Pope and his wife, to whom the income of the fund was given for life, the testator’s executors “ will pay over the said twenty thousand dollars with interest and income to their son Robert Pope for his own use and on the decease of the said Robert, if he dies without children as he is unmarried, my executors shall…
2Cited by17 opinions
- Barnum v. FayMassachusetts Supreme Judicial Court · 1946
- Lannin v. BuckleyMassachusetts Supreme Judicial Court · 1926
- Reynolds v. RemickMassachusetts Supreme Judicial Court · 1955
- In Re LeuppNew Jersey Court of Chancery · 1931
- Scullin v. ClarkSupreme Court of Missouri · 1951
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